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Memorandum and Order — United States v. Tatiana Daniel (S.D.N.Y., Dkt. 135, June 17, 2024)

Summary

A Memorandum and Order in United States v. Tatiana Daniel, S1 21-cr-0729 (LAK), in the U.S. District Court for the Southern District of New York, filed June 17, 2024 as Document 135 and written by District Judge Lewis A. Kaplan. It states that the defendant was sentenced on April 29, 2024, to a term of imprisonment of 33 months and that her self-surrender date had been moved to July 8. The Court denies the defendant's pro se request for a further 60-day extension of the self-surrender date, which was based on the distance to the designated institution in Waseca, Minnesota. It vacates its prior order directing surrender at the institution designated by the BOP and directs the defendant to surrender to the US Marshal for this district on July 8, 2024 before 2 p.m.

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“Memorandum and Order — United States v. Tatiana Daniel (S.D.N.Y., Dkt. 135, June 17, 2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-21-cr-00729-dkt-135-s-d-n-y-442ecf2ec2/, SHA-256 a40c559e8a655c0d17678954da884c5aebbcbe78dea492e89afe01fd00aa72fe.

Full text

           Case 1:21-cr-00729-LAK Document 135 Filed 06/17/24 Page 1 of 2




UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------- - ------------x
UNITED STA TES OF AMERICA,


                -against-                                                        Sl 21-cr-0729 (LAK)


TATIANA DANIEL,

                                Defendant.
------------------------------------------x


                                 MEMORANDUM AND ORDER


LEWIS A. KAPLAN, District Judge.

                The defendant pled guilty to a series of outrageous frauds that took advantage of the
COVID-19 pandemic for her own benefit. She was sentenced on April 29, 2024 in principal part
to a term of imprisonment of 33 months. The Court granted her request for voluntary surrender to
the Bureau of Prisons ("BOP") on the date and by the time designated by it, which was not to be
earlier than June 6, 2024, and continued her on bail pending her surrender.

                Shortly thereafter, the defendant, through counsel, requested a 30-day extension of
the self-surrender date, ostensibly to permit her to earn or otherwise procure additional funds to add
to her BOP commissary account for use after she entered BOP custody. The Court agreed to a July
8 date.

                 The defendant, acting prose though she is represented by counsel, now says that she
"require[ s] a further extension of her self-surrender date by another sixty ( 60) days." The ostensible
reason is that the BOP has designated FCI Waseca, Minnesota, as the place for the service of her
sentence., that Waseca is a long way from New York City, and that the defendant, her ailing mother
and others in the family would be forced to make a long and costly trip in order to surrender there.
Defendant hopes in the extended period to persuade the BOP to redesignate her to an institution
closer to New York.

                 This Court granted defendant's request to be permitted to surrender voluntarily at the
institution designated by the BOP - rather than ordering her remand to the custody of the US
Marshal immediately upon imposition of sentence -- for her convenience. And surely the long and
costly trip for defendant, not to mention her mother and other family members who are not required
to accompany defendant when she surrenders, may be avoided quite simply. Among other options,
defendant and the family members simply could say their goodbyes in a more convenient and less
costly location.
           Case 1:21-cr-00729-LAK Document 135 Filed 06/17/24 Page 2 of 2




                                                                                                       2

                  The request for a 60-day extension is denied. The prior order directing surrender at
the institution designated by the BOP for the service of defendant's sentence is vacated. Defendant
is directed to surrender to the US Marshal for this district on the fourth floor of the courthouse at 500
Pearl Street, New York, NY on July 8, 2024 before 2 p.m. This will relieve defendant herself of the
cost of the trip to Waseca, Minnesota, as she would be transported at government expense. It would
permit her family to accompany her to the place of surrender right here in New York City and spare
them the cost and inconvenience of a trip to Minnesota.

                Nothing herein should be construed as indicating a negative view by the Court with
respect to defendant's attempt to have the BOP redesignate her to a facility closer to New York. The
Court would have no objection to such action.

                SO ORDERED.

Dated:          June 17, 2024

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